30 May LAW UPDATE: PWFA Final Regulation
While the Pregnancy Worker Fairness Act (also known as PWFA ) went into effect June 27, 2023, Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the law April 15, 2024 which goes into effect June 18, 2024. This final rule provided further clarity and better definitions and examples.
The limitations and medical conditions for which employees or applicants may seek reasonable accommodation have been further defined to include:
- physical/mental conditions
- miscarriage/still birth
- migraines
- lactation
- episodic pregnancy-related conditions (i.e., morning sickness)
Any accommodations, including leave, must be provided regardless of length of employment, even if other employer-sponsored, state, or federal leaves are not yet in effect for that employee.
An employer is only permitted ask for documentation if:
- The request is reasonable under the circumstances in order to determine whether the employee (or applicant) has a qualifying physical or mental condition.
- The request is only for the minimum documentation needed to:
- confirm the physical or mental condition,
- confirm the physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (together with (1) “a limitation”); and
- describe the change or adjustment at work needed due to the limitation.
Depending on the nature of the position, examples of potential accommodations include:
- Seating/modification of seating
- Additional break time to use the bathroom, drink or eat, and rest
- Time off for healthcare appointments
- Leave/time off to recover from childbirth or miscarriage
- Limitations on strenuous activities
- Temporary reassignment
- Flexible hours/remote work
Original content by HR Ministry Solutions. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.